Families flock to Williamson County for its high-achieving school districts.
That's why a recent proposal to slightly reduce next year's budget for Williamson County Schools has left some parents asking: Why is this happening?
Elaina Sauber / USA TODAY NETWORK-Tennessee

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The education impact fee was imposed on new housing to help fund new schools.(Photo11: File / Larry McCormack / THE TENNESSEAN)Buy Photo

The Home Builders Association of Middle Tennessee and eight developers have filed a complaint against Williamson County officials for what they call improperly imposing a fee on all new housing.

The county cannot impose an education impact fee on a new residential development that is not in the same geographic area of a future school or addition, according to the complaint.

Instead, the county must earmark impact fee revenue in the geographic area of the new development.

Williamson County commissioners approved the education impact fee last November to help fund new school construction and additions.

County growth has spurred the need for new schools and additions.

Williamson County Schools needs about $421.45 million for new schools, additions and major renovations through 2021, according to its five-year capital plan.

Complaint: Fee is 'illegal'

The county's implementation of the impact fee is "illegal" because it's not in accordance with the Williamson County Construction Impact Fee Act, the complaint states.

"The governing body shall establish an impact fee formula that requires the developer to pay an impact fee formula that does not exceed a pro rata share of the reasonably anticipated cost for the public improvements created by the new land development activity," the act states.

Developers want the county to return the collected impact fees should the court agree with the developers' complaint.

They also want the county to hold off on collecting impact fees from developers who have applied for building permits until the court makes a final decision in the case, the complaint states.

County officials say they're disappointed

"We are disappointed that the (Home Builders Association of Middle Tennessee) and a number of developers have chosen to challenge the educational impact fee during a time of great need for educational funding," Williamson County Mayor Rogers Anderson said in a statement.

"The need for additional schools must be addressed to provide the level of education expected in Williamson County," Anderson said. "If we can not use the impact fee then a property tax is inevitable."

He added: "We plan to vigorously defend the educational impact fee so that we can continue to provide the best education for the students in Williamson County."

Williamson County Director of Schools Mike Looney said he was also disappointed with the developers' complaint.

"From a citizen's perspective, I recognize developers are facilitating a tremendous amount of growth in our community by building new homes. They're meeting a demand," Looney said.

"But overwhelmingly, citizens I've talked to feel that development is not paying for itself. New homes, new residents, need to help pay the way," he said.

Full fee in September

The impact fee was implemented in March at half-strength and will go into full effect in September. So far, it's raised about $2.73 million.

The county will spend the funds when it issues bonds, most likely in the fall or winter, said Williamson County Budget Director Nena Graham.

The fee is expected to generate $25 million annually.

Williamson County is the only county in the state with an educational impact fee.

The complaint was filed in the Chancery Court of Williamson County last Friday by the Home Builders Association of Middle Tennessee, Drees Premier Homes, Inc., Ole South Properties, Inc., Regent Homes, LLC, Aspen Construction, LLC, Barlow Builders, LLC, the Jones Company of Tennessee, LLC, Ridgemont Homes, LLC and Gateway Mosby Cool Springs, LLC.